Yearly Archives: 2020
What is the Discovery Rule in Alabama?
Tuscaloosa Injury Attorney Helping You When You Need it Most In Alabama — as in other jurisdictions — personal injury claims are subject to a statute of limitations period. The statute of limitations sets a “deadline” by which the claim must be brought. If the limitations deadline passes, then the claim cannot be pursued in an Alabama court of law (absent various exceptions). If you have suffered injuries caused by another’s negligence or intentional misconduct, then you may have an actionable claim for damages — but bringing a claim isn’t always as straightforward as one might think. In many cases, an injury might be suffered where the plaintiff doesn’t realize (at first) that they are entitled to pursue a lawsuit. They might not know that their injuries were caused by someone else. For example, if your car spins out of control and slams a tree, you might think it was your own mistake that caused the accident. Further investigation could reveal that the steering wheel was faulty, however, thus giving rise to a claim against the auto manufacturer. The discovery rule works by extending the applicable statute of limitations period. It suspends the running of the limitations period until the date that the defendant discovers that they have suffered a legally actionable injury. Let’s take a closer look at the rule and its inner workings. Basics of Alabama’s Discovery Rule The basic statute of limitations in Alabama for personal injury claims is two years from the date of injury. This […]Read More
Sidewalk Trip and Fall Lawsuits: A Look at the De Minimis Rule
If you have tripped and injured yourself while walking on a sidewalk in Alabama, the law may entitle you to bring a claim against the landowner for damages. It’s worth noting, however, that such claims may be difficult to prove, as certain defenses, such as the application of the de minimis rule, can prevent a lawsuit entirely. Still it is not impossible to succeed, particularly when you have the help of a skilled Tuscaloosa trip and fall attorney. Understanding these barriers to recovery is necessary for an effective lawsuit. Let’s take a closer look. What is the De Minimis Rule? The de minimis rule works to prevent a lawsuit against a public and private defendant in which some central aspect of the case does not meet some minimum level of significant necessary to justify the action. For example, if you cut your finger in a bike accident, that might be considered an “injury” in technical terms, but the severity of the injury is so minimal that a court is unlikely to deem the claim actionable. De minimis is therefore best conceptualized as a barrier to an actionable claim. The De Minimis Rule and Sidewalks In Alabama and other jurisdictions, the de minimis rule applies to sidewalks, and more specifically, to trip and fall cases involving said sidewalks. Though the relevant landowners (i.e., municipalities, private landowners, etc.) have a responsibility to maintain sidewalks in a reasonably safe condition, the law does not impose a duty to keep sidewalks in a perfect […]Read More